Man indicted for raping cousin

CEBU, Philippines - A man accused of raping his third degree cousin is now facing criminal case in court after the Cebu City Prosecutor's Office has found probable cause against him.

The accused, whose identity withheld by The Freeman to protect the victim from being identified, was charged with violation of Section 5 (b) of Republic Act 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act.)

The law punishes - with an imprisonment of up to 40 years - any person having sexual intercourse or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse.

"Scrutinizing the evidence adduced by the complainant, the undersigned (prosecutor) finds probable cause to hold him (suspect) for trial," reads an excerpt of the resolution of Prosecutor Venice Balansag.

The case stemmed from the complaint filed by a 14-year-old victim who alleged that she and her brother were sleeping when the accused came to her place in December 2015. She said she was awakened when the accused touched her breast, covered her mouth and pointed a gun telling her not to make any noise, or else, she would be killed.

She said she and her brother were the only persons inside their house that time as their parents went out farming. The victim alleged that the accused did it again sometime in February 2016 and another in March 2016.

Following the incidents, the minor confided to her mother about what had happened to her, prompting the parents to report the incident to the police. The suspect was subpoenaed, but he failed to submit his counter-affidavit to refute the allegations.

The prosecution said all the elements of child abuse under Section 5(b) of Republic Act 7610 were present, such as the minority of the victim, presence of coercion of the suspect who is an adult, and when the said suspect indulges in sexual intercourse and commits act of sexual intercourse with a child.

"The act of the respondent of having a carnal knowledge with a minor due to coercion of the respondent is a clear violation of the herein above-quoted provision of the law on Child Abuse, hence, respondent should be indicted for violation of Section 5(b)," the resolution further read. (FREEMAN)